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Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......¦Petitioner Vs. Shahidul Alam Khan and others…....……….Opposite Parties Judgment February 25, 1998. Result: The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul Majid, 46 DLR (AD) 121. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the DisÂtrict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......e office of the District Judge, the Additional Judge or SubordiÂnate Judge, as the case may be, may, subject to any rules which the (High Court Division) may make in this behalf, exercise any of the powers of the District Judge." 9. From a reading of sections 3 and 10 of the Act there is no doub......................................Petitioner Vs. Abidur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the DisÂtrict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession thereof. The plaintiff t......ue J Golam Beg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the ......ding the plaint, I refrain myself from discussing the suit on merit. The Rule is fit to be made absolute. 12. In the result, the Rule is made absolute without any order as to costs. The stay order granted earlier is hereby vacated. The Judgment and decree of the Courts below are hereby set aside ..Category: Property Law | Date: | Hits: 103
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......f respondent No.3, submits as under: (1) Though Money Laundering Prevention Act, 2009 was not incorporated in the schedule to Anti-Corruption Commission Act, 2004, the Act of 2009 itself has given power to, the Anti-Corruption Commission to investigate the case. (2) Money Laundering Prevention......n......……………Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The Rule is discharged. Cases Referred to- Marks Vs. United States, 430 US 188 (1977); Beazell Vs. Ohio, 269 US 167 (1925); State Vs. Mi......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......Bireshwar Mondal (defendant No.1) who had been in exclusive possession in his portion of the suit plot No.78. He appointed Md. Shahidullah (defendant No.2) as his constituted attorney by a registered power of attorney dated 04.05.1999 to protect, preserve, sell or otherwise dispose of the suit land ...........Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the question to be decided whether there had been a valid contract between the parties and whether consideration ......re, the plaintiffs filed true copy of the said agreement along with receipts of those documents. Defendant No.2 received a further sum of Tk.700,000/- on 20.10.1999 and Tk.6,25,000/- on 25.11.1999 on granting proper acknowledge receipts and thus defendants received a total sum of Tk.16,25,000/-. On ..Category: Civil Law | Date: | Hits: 186
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......to operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). The petitioner had executed a deed of mortgage as well as a power of attorney in favour of the Bank as security of loan of Taka 20,000 only. In the deed of mort......€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The rule is discharged. Cases Referred to- Zahirul Islam Vs. National Bank Ltd, 46 DLR (AD) 191; Gazi M Towfiq Vs. Agrani Bank, 54 DLR (......rt. In view of discussions made in the forgoing paragraphs vis-a-vis the law, we find no merit in this rule. Accordingly, the rule is discharged without any order as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once...Category: Civil Law | Date: | Hits: 269
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... schedule were mortgaged. The Managing Director of the said M/S Decent Oil Mills Ltd. executed the credit agreement, D.P. notes agreements creating mortgage and hypothecation, irÂrecoverable general power of attorney in favour of the bank, mortgaging assets and machineries of the company in lieu of......d in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 yea......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441..........Petitioner Vs. Taherunnessa..........................................Opposite Party Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and o......residential purpose only. 18. It is the case of Dr. Suraiya Hossain, thereÂinafter referred to as the tenant that she paid rent within the 1st week of each month in advance but the landlady never granted rent receipt and she granted it as and when she would desire. It appears from the evÂidence..Category: Property Law | Date: | Hits: 88
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115......................Petitioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh......e right to such access and use of light or air, support or other easement shall be absoÂlute." Section 15 is not exhaustive and does not preÂclude other titles or modes of acquisition such as by grant, express or implied. The act is thus remedial in nature and is neither prohibitory nor exha..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......m the ofÂfice of Chairman of the Mithapukur Upazila PariÂshad. It is stated in the petition that the impugned order has been issued on some uncertain, vague, and indefinite allegations of misuse of power and violaÂtion of the statutory provision by the Chairman. It is also stated that no proceedi....................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Govt. and Rural DevelopÂmen......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......y this Court. Dr. Rafiqur Rahman submits that suo motu Rule as issued is illegal and without jurisdiction as in the face of the acquittal order the same cannot be issued in exercise of the revisional powers of this Court unÂder section 439 of the Code of Criminal Procedure. He further submits that ......site Party Judgment July 10, 1989. Result: The suo motu Rule is discharged. Lawyers Involved: Dr. Rafiqur Rahman, Advocate— For the PetiÂtioner. Md. Moazzem Hussain, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latif......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......etenÂtion by Memo No.6391-Sha-Ma (Nira 1) dated 8.7.89 in which it has been stated that in continuation of the Ministry of Home Affairs's Memo No.2430-Sha-Ma(Nira 1) dated 11.3.89 and in exercise of powers under section 3(3) of the Special Powers Act, 1974 the detenu has been detained with effect f......ted by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin ...... detenu was arrested by the police from the Agrani Bank, Laldighi Branch, Chittagong and was remanded to custody. In Criminal Miscellaneous Case No. 921 of 1986 the learned Sessions Judge, Chittagong granted bail to the detenu on 24.12.86 on the ground that no charge could be established against the..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... held that "If a case does not come under rule 23 or rule 25 of Order XLI of the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice, can resort to its inherent power under section 151 of the Code. The Code of Civil Procedure in Order XLI provides for remand on......€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Sahajuddin Mollah and others……………………Opposite Parties Judgment February 12, 1995. Result: The Rule is disposed of. Case Referred to- Tripura Charan Choudhury and other Vs. Girish Chandra Choudhury, 7 DLR 466. Lawyers Involv...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......c Works and Urban Development................Petitioner Vs. Israt Jahan Kazal ............Opposite Party Judgment February 8, 1995. Result: The Rule is discharged. Cases Referred to- Abdur Rashid and others Vs. Government of Bangladesh and others, 27 DLR 614. Lawyers Invol......ee of the Courts below should not be set aside. 3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, without jurisdiction, inoperative an..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......s also highly objectionable. When the applications were filed, the Court was not under the control of any extra‑constitutional force, but it was working under a Constitution which has not given any power or authority to any police officer to move the learned Sessions Judge ought to have been vigil......vision No.1127 of 1994) Khondker Mahbub Hossain, with Abdul Aziz Chowdhury, Advocates‑ For the Opposite Party Nos. 2 and 3 (In Criminal Revision No.1129 of 1994). Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ion 167 as it stood before the amendment of the said section by Act No.42 of 1992 was that Magistrate concerned shall make an order stopping further investigation and releasing the accused person. So power of revival was given to the District Magistrate or Chief Metropolitan Magistrate as the case m......ent November 27, 1995. Result: The Rule is discharged. Lawyers Involved: Kazi Golam mahbub, Abdus Sobhan with Mamnur Rashid, Advocates ‑ For the Petitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoq......aving failed to complete the investigation within 60 days learned Upazila Magistrate allowed time for completion of the investigation upto 2.4.90. Thereafter no further extension appears to have been granted and the charge-sheet was submitted against the accused-petitioners on 26.6.90. No objection ..Category: Criminal Law | Date: | Hits: 82
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141....... without hearing them is wrong on the face of the record itself. Section 151 CPC has been worded as follows: “151. Nothing in this Court shall be deemed to limit or otherwise affect the inherent power of the Court to make such order as may be necessary for the ends of justice or to prevent abus......u Sayeed Ahammed J Abu Sama..............Petitioner Vs. Abu Syed and others...........Opposite Parties Judgment June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved......ting in the error in the decision occasioning failure of justice in passing the impugned order. In the result, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD..Category: Procedural Law | Date: | Hits: 124